City Council Meeting

MINUTES City Council Meeting Tuesday, October 11, 2022 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member David Barranco, Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Mayor Paul TenHaken Absent: None 1. MEETING ROLL CALL Mayor Paul TenHaken recognized Cub Scout Troop 346, St. Michael Catholic Church. 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Pat Starr to place Sub-Item 16 from Agenda Item 6 on the Regular Agenda for Council discussion: (Professional Services Agreement for Site Selection Study for Sioux Area Metro; TSP, Inc.; $94,600). See Agenda Item 6 for action taken. A motion was made by Council Member Selberg and seconded by Council Member Jensen to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 4, 2022   City Council Meeting of Tuesday, October 4, 2022 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated October 7, 2022. A motion was made by Council Member Soehl and seconded by Council Member Jensen to approve Sub-Item 16 (Transit; Professional Services Agreement for Site Selection Study for Sioux Area Metro; TSP, Inc.; $94,600). Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 7. Approval of surplus property disposition on the memorandum dated September 30, 2022. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Marisa Anderson to consume, but not sell, alcoholic beverages (beer) at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 22, 2022, for the following purpose: wedding reception. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Michelle Walter to consume, but not sell, alcoholic beverages (champagne) at Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 21, 2023, for the following purpose: bridal brunch. 10. Report of Requests for Quotes for Fuel dated: September 30, 2022: B20 (7,500 Gallons) and Unleaded (6,500 Gallons). Purchasing from City contract number 22- 0113. The awarded contractor is Vollan Oil, price paid is $3.8206 for B20 and $3.0321 for Unleaded. REGULAR AGENDA 11. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Jensen and seconded by Council Member Soehl to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Sub-Item 16 from Agenda Item 6 was heard at this time. See item for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Recommendation: Set a date of 2nd Reading for Monday, October 17, 2022. Sponsor: Mayor  A motion was made by Council Member Soehl and seconded by Council Member Cole to set a date of 2nd Reading for Monday, October 17, 2022 for Item 12. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING THE TAX INCREMENT REVENUES TO BE COLLECTED AND AUTHORIZING THE PAYMENT OF TAX INCREMENT REVENUES TO NIELSON DEVELOPMENT, LLC, IN ACCORDANCE WITH THE DEVELOPMENT AGREEMENT FOR TAX INCREMENTAL DISTRICT NO. TWENTY-SIX, CITY OF SIOUX FALLS. Recommendation: Set a date of 2nd Reading for Monday, October 17, 2022. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to set a date of 2nd Reading for Monday, October 17, 2022 for Item 13. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 14. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDED AND RESTATED FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ASM GLOBAL ARENA MANAGEMENT, LLC FOR THE MANAGEMENT OF THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS ARENA, THE SIOUX FALLS CONVENTION CENTER, AND THE SIOUX FALLS BASEBALL STADIUM. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Jensen to adopt Resolution No. 121-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 121-22 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDED AND RESTATED FACILITIES MANAGEMENT AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ASM GLOBAL ARENA MANAGEMENT, LLC FOR THE MANAGEMENT OF THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS ARENA, THE SIOUX FALLS CONVENTION CENTER, AND THE SIOUX FALLS BASEBALL STADIUM. WHEREAS, the City is the owner of the Denny Sanford PREMIER Center, the Sioux Falls Arena, the Sioux Falls Convention Center, and the Sioux Falls Baseball Stadium, collectively referred to in this Agreement as the “Facilities”; and  WHEREAS, in 2019, SMG, the former manager of the Facilities, merged with AEG Facilities to create a new company called ASM Global Arena Management, LLC (“ASM Global”). Upon the merger being approved, ASM Global has managed and operated the Facilities; and WHEREAS, ASM Global is engaged, among other things, in the business of providing management services, including operations and marketing services for public assembly facilities; and WHEREAS, the City desires to engage ASM Global, and ASM Global desires to accept the engagement, to provide management services for the Facilities pursuant to the terms and conditions set forth in this Agreement; and WHEREAS, the City and ASM Global intend to work in mutual accord in order to ensure provision of first-class management services, thereby enhancing the public’s use and enjoyment of the Facilities; and WHEREAS, ASM Global and the City find that it is in both parties’ best interest that a five-year Agreement be now executed and subsequently entered into. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The document attached hereto and made a part of this Resolution entitled “First Amended and Restated Facilities Management Agreement” between the City and ASM Global, being a five-year Agreement for ASM Global to manage the Facilities, is hereby approved. Section 2. The Mayor is authorized to sign the First Amended and Restated Facilities Management Agreement after it is ratified and executed by ASM Global. Section 3. The City shall publish the Resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 15. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND OVATIONS FOOD SERVICES, L.P. F/K/A SPECTRA FOOD SERVICES & HOSPITALITY FOR THE FOOD AND BEVERAGE SERVICES OF THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS ARENA, AND THE SIOUX FALLS CONVENTION CENTER. Sponsor: Mayor A motion was made by Council Member Jensen and seconded by Council Member Cole to adopt Resolution No. 122-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 122-22  A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND OVATIONS FOOD SERVICES, L.P. F/K/A SPECTRA FOOD SERVICES & HOSPITALITY FOR THE FOOD AND BEVERAGE SERVICES OF THE DENNY SANFORD PREMIER CENTER, THE SIOUX FALLS ARENA, AND THE SIOUX FALLS CONVENTION CENTER. WHEREAS, the City is the owner of the Denny Sanford PREMIER Center, the Sioux Falls Arena, and the Sioux Falls Convention Center, (collectively the “Facilities”); and WHEREAS, Ovations Food Services, L.P. (“Ovations”) is engaged in, among other things, the business of managing and operating food, beverage, novelty, and merchandise concession services and catering services at indoor and outdoor single and multipurpose facilities including convention centers, arenas, events centers, and theaters; and WHEREAS, the City desires to engage Ovations, and Ovations desires to accept the engagement, to provide food, beverages, novelty, and merchandise concession services and catering services for the Denny Sanford PREMIER Center, the Sioux Falls Arena, and the Sioux Falls Convention Center, pursuant to the terms and conditions set forth in the Agreement; and WHEREAS, the City and Ovations intend to work in mutual accord in order to ensure the provision of high-quality food, beverage, novelty, and merchandise concession services and catering services, thereby enhancing the public’s use and enjoyment of the Facilities; and WHEREAS, Ovations and the City find that it is in both parties’ best interest that a five-year Agreement be now executed and subsequently entered into. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached hereto and made a part of this Resolution entitled “Food and Beverage Services Agreement between the City of Sioux Falls and Ovations Food Services, L.P.,” being a five-year Agreement for Ovations to operate the food and beverage service at the Facilities on behalf of the City is hereby approved. Section 2. The Mayor is authorized to sign the Food and Beverage Services Agreement after it is ratified and executed by Ovations. Section 3. The City shall publish the Resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 10/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 16. A RESOLUTION APPROVING THE RELEASE OF THE WATER MAIN EASEMENT LOCATED IN TRACT 3 SCHERSCHLIGT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Private Applicant(s): Cherapa Place LLC  A motion was made by Council Member Selberg and seconded by Council Member Neitzert to adopt Resolution No. 123-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 123-22 A RESOLUTION APPROVING THE RELEASE OF THE WATER MAIN EASEMENT LOCATED IN TRACT 3 SCHERSCHLIGT ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs the water main easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the water main easement was established by plat, filed in Book 68 of Plats on page 18 in the office of the Register of Deeds for Minnehaha County, SD, on February 3, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of the water main easement, as shown on attached Exhibit A, and affecting the real property described as Tract 3 Scherschligt Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 10/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 17. A RESOLUTION APPROVING THE RELEASE OF PART OF THE FLOODWAY EASEMENT LOCATED IN LOT 2 AND 3 OF TRACT 2 GREENFIELD RIVER RIDGE ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. Private Applicant(s): Rogue Holdings LLC A motion was made by Council Member Selberg and seconded by Council Member Jensen to adopt Resolution No. 124-22. Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. RESOLUTION NO. 124-22 A RESOLUTION APPROVING THE RELEASE OF PART OF THE FLOODWAY EASEMENT LOCATED IN LOT 2 AND 3 OF TRACT 2 GREENFIELD RIVER RIDGE  ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs the floodway easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the floodway easement was established by plat, filed in Book 61 of Plats on page 95 in the office of the Register of Deeds for Minnehaha County, SD, on June 3, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the floodway easement, as shown on attached Exhibit A, and affecting the real property described as Lot 2 and 3 of Tract 2 Greenfield River Ridge Addition to the City of Sioux Falls, Minnehaha County, SD, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. Date adopted: 10/11/22 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 18. A RESOLUTION VACATING A PART OF COUNTY AUDITOR’S LOT H-1 LOCATED WITHIN THE NORTH 400.00 FEET OF THE SOUTH 450.00 FEET OF THE EAST 1007.59 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 35, TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, November 8, 2022. Private Applicant(s): Ronning Real Estate, LLC A motion was made by Council Member Barranco and seconded by Council Member Neitzert to set a date of hearing for Tuesday, November 8, 2022 for Item 18. Roll call vote to set a date of hearing. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Chester Deyoung spoke about Grant Street.  Scott Ehrisman spoke about Shape Places, Wholestone, and things that could be done to move the City forward. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adjourn at 7:23 p.m. Voice vote to adjourn. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk